Go-To Information:

  • OFAC has imposed financial sanctions on cryptocurrency mixing service Twister Money, prohibiting U.S. people and corporations from using its companies.

  • As a result of Twister Money permits clients to obscure the origin of a crypto transaction, it allegedly has been exploited by criminals to launder cash, together with proceeds from ransomware assaults.

  • That is one other step within the U.S. authorities’s efforts to crack down on illicit monetary exercise within the digital forex ecosystem.

  • The usual for violating OFAC sanctions is strict legal responsibility; accordingly, U.S. corporations might want to seek the advice of with counsel on danger mitigation given the federal government’s concentrate on potential cash laundering utilizing cryptocurrency.

On Aug. 8, 2022, the Division of the Treasury’s Workplace of Overseas Property Management (OFAC) imposed financial sanctions on Twister Money, a well-liked cryptocurrency mixing service that enables clients to obscure the unique supply of digital forex transactions by “mixing” a number of transactions after which redistributing them. Whereas mixing might have reliable advantages in some transactions, it additionally could also be exploited by criminals to doubtlessly launder cryptocurrency, together with crypto obtained in reference to ransomware assaults.

OFAC made the sanctions designation pursuant to Government Order 13694, which was issued within the wake of a rise in ransomware assaults and targets cyber-enabled threats to U.S. nationwide safety.[1] In line with OFAC, Twister Money was liable for “launder[ing] the proceeds of cybercrimes,” together with greater than the equal of $455 million stolen by the Lazarus Group, a Democratic Individuals’s Republic of Korea (DPRK) state-sponsored hacking group that the US sanctioned in 2019. Amongst different issues, the designation of Twister Money has the impact of prohibiting U.S. individuals from using the service, as it’s added to OFAC’s Listing of Specifically Designated Nationals (SDNs).

The transfer is however the newest sign of U.S. authorities’ elevated consideration to the position that mixers play within the anti-money laundering panorama. In October 2020, the Division of Justice struck a cautious word on mixers in its Cryptocurrency Enforcement Framework, warning that operators of blending companies may doubtlessly be criminally chargeable for cash laundering.[2] In 2021, DOJ prosecuted the operator of Darknet-based mixer Helix, who admitted the service was focused to narcotics gross sales and different illicit transactions.

The designation of Twister Money comes solely three months after OFAC’s first-ever designation of a mixing service, blender.io, which additionally was alleged to have laundered digital forex for the Lazarus Group. Not like blender.io, which supplied extra conventional centralized mixing companies, Twister Money is a smart-contract-based mixing protocol constructed on the Ethereum blockchain, and it gives no custodial companies. In March 2022, one in all its three founders claimed that Twister Money’s code permits the service to be run indefinitely with none management or upkeep by its builders.

The Twister Money instance highlights the uncertainty about mixer builders’ potential legal responsibility for the actions of their clients. Federal authorities might have prevented these questions for now by pursuing an enforcement-through-sanctions method moderately than extra conventional felony or civil penalties; the U.S. authorities sometimes has wider discretion and a decrease burden to impose financial sanctions in opposition to non-U.S. individuals. It stays to be seen whether or not the transfer marks a shift in ways—maybe a refined prioritization of disruption over prosecution—or if as an alternative it merely indicators that U.S. authorities intend to make use of the total vary of instruments at their disposal to focus on corporations they consider facilitate cash laundering.

In a press release asserting its sanctioning of Twister Money, OFAC famous that “Treasury will proceed to research using mixers for illicit functions and use its authorities to answer illicit monetary dangers within the digital forex ecosystem” (emphasis added). Digital forex companies might want to evaluate and replace, as acceptable, their Anti-Cash Laundering/Countering the Financing of Terrorism (AML/CFT) and sanctions applications, notably as they pertain to cryptocurrency companies that supply anonymizing companies. Cryptocurrency corporations ought to be conscious that sanctioned mixers corresponding to Twister Money should be able to working, however being topic to sanctions. Accordingly, cryptocurrency corporations topic to U.S. jurisdiction should take care to make sure that their platforms don’t transact with sanctioned entities corresponding to Twister Money, as OFAC sanctions violations are topic to a “strict legal responsibility” commonplace, that means no intent, data, or cause to know that one is coping with a sanctioned individual is required for a violation to happen.


[1] See January 2017 GT Alert.

[2] See October 2020 GT Alert.


©2022 Greenberg Traurig, LLP. All rights reserved.
Nationwide Legislation Overview, Quantity XII, Quantity 224



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